2020 New York Laws
VAT - Vehicle and Traffic
Title 7 - Rules of the Road
Article 24 - Traffic Signs, Signals and Markings
1111-C - Owner Liability for Failure of Operator to Comply With Bus Lane Restrictions.

* § 1111-c. Owner liability for failure of operator to comply with bus
lane  restrictions.  (a)  1. Notwithstanding any other provision of law,
the city of New York is hereby authorized and empowered to  establish  a
bus  rapid transit program imposing monetary liability on the owner of a
vehicle for failure of an operator  thereof  to  comply  with  bus  lane
restrictions  in  such  city  in  accordance with the provisions of this
section. The New York city department of  transportation  or  applicable
mass transit agency, for purposes of the implementation of such program,
shall operate bus lane photo devices only within designated bus lanes in
such  bus  rapid  transit  program.  Such  bus lane photo devices may be
stationary or mobile and shall be activated at locations  determined  by
such  department  of  transportation  and/or  on  buses selected by such
department of transportation in consultation with  the  applicable  mass
transit  agency,  however,  the  applicable mass transit agency may also
install no less than fifty  mobile  bus  lane  photo  devices  on  buses
operating  on  designated  bus  lanes  in such bus rapid transit program
below 96th street in the borough of Manhattan, in consultation with  the
New  York  city  department  of  transportation for the purposes of this
section.
  2. Any image or images captured by bus lane  photo  devices  shall  be
inadmissible  in  any disciplinary proceeding convened by the applicable
mass transit  agency  or  any  subsidiary  thereof  and  any  proceeding
initiated  by  the  department  involving  licensure  privileges  of bus
operators. Any mobile bus lane photo device mounted on a  bus  shall  be
directed  outwardly from such bus to capture images of vehicles operated
in violation of bus lane  restrictions,  and  images  produced  by  such
device shall not be used for any other purpose in the absence of a court
order requiring such images to be produced.
  3.  The  city  of New York shall adopt and enforce measures to protect
the privacy of  drivers,  passengers,  pedestrians  and  cyclists  whose
identity and identifying information may be captured by a bus lane photo
device.  Such measures shall include:
  (i)  utilization  of  necessary  technologies to ensure, to the extent
practicable, that images produced by such bus lane photo  devices  shall
not  include  images  that  identify  the driver, the passengers, or the
contents of the vehicle, provided, however, that no notice of  liability
issued  pursuant  to  this  section shall be dismissed solely because an
image allows for the identification of the  driver,  the  passengers  or
other contents of a vehicle;
  (ii)  a  prohibition  on the use or dissemination of vehicles' license
plate information and other information and images captured by bus  lane
photo  devices except: (A) as required to establish liability under this
section or collect payment of penalties; (B) as required by court order;
or (C) as otherwise required by law;
  (iii)  the  installation  of  signage  at  regular  intervals   within
restricted  bus  lanes  stating  that bus lane photo devices are used to
enforce restrictions on vehicular traffic in bus lanes; and
  (iv) oversight procedures to ensure compliance with the aforementioned
privacy protection measures.
  4. Within the city of New York, such bus lane photo devices  may  only
be  operated  on  designated  bus lanes. Warning notices of violation be
issued during the first sixty days  that  bus  lane  photo  devices  are
operated  on  each  route  in  the  bus  rapid  transit  program that is
established after June fifteenth, two thousand fifteen.
  (b) If the city of New  York  has  established  a  bus  rapid  transit
program  pursuant  to  subdivision  (a)  of this section, the owner of a
vehicle shall be liable for a penalty imposed pursuant to  this  section
if  such  vehicle was used or operated with the permission of the owner,

express or implied, in violation of any bus lane restrictions that apply
to routes within such  program,  and  such  violation  is  evidenced  by
information obtained from a bus lane photo device; provided however that
no  owner of a vehicle shall be liable for a penalty imposed pursuant to
this section where the operator of such vehicle has  been  convicted  of
the underlying violation of any bus lane restrictions.
  (c)  For  purposes of this section, the following terms shall have the
following meanings:
  1. "owner" shall have the meaning provided in article  two-B  of  this
chapter.
  2.  "bus  lane  photo  device"  shall mean a device that is capable of
operating independently of an enforcement officer and  produces  one  or
more  images  of each vehicle at the time it is in violation of bus lane
restrictions.
  3. "bus lane restrictions" shall  mean  restrictions  on  the  use  of
designated  traffic lanes by vehicles other than buses imposed on routes
within a bus rapid transit program by local law and signs erected by the
department of transportation of a city that establishes such  a  program
pursuant to this section.
  4.  "Bus Rapid Transit Phase I plan" shall mean the following five bus
rapid transit routes as designated by the New York  city  department  of
transportation:  Fordham  Road,  First/Second  Avenue,  Nostrand Avenue,
Thirty-Fourth Street, Hylan Boulevard, and an undesignated route in  the
borough of Queens not to exceed ten miles.
  5. "bus rapid transit program" shall mean routes designated by the New
York   city  department  of  transportation  in  consultation  with  the
applicable mass transit agency, in addition to  the  Bus  Rapid  Transit
Phase  I  plan routes, that operate on designated bus lanes and that may
include upgraded signage,  enhanced  road  markings,  minimum  bus  stop
spacing,  off-board fare payment, traffic signal priority for buses, and
any other enhancement that increases bus speed or reliability.
  6. "designated bus lane" shall mean a lane dedicated for the exclusive
use of buses with the exceptions allowed under 4-12(m) and 4-08(a)(3) of
title 34 of the rules of the city of New York.
  (d) A certificate, sworn to or affirmed by a  technician  employed  by
the  city  in  which  the  charged  violation  occurred,  or a facsimile
thereof,  based  upon  inspection  of   photographs,   microphotographs,
videotape  or other recorded images produced by a bus lane photo device,
shall be prima facie  evidence  of  the  facts  contained  therein.  Any
photographs,   microphotographs,  videotape  or  other  recorded  images
evidencing such a violation shall be available  for  inspection  in  any
proceeding  to  adjudicate  the liability for such violation pursuant to
this section.
  (e) An owner liable for a violation of a bus lane restriction  imposed
on  any  route  within  a  bus rapid transit program shall be liable for
monetary penalties in accordance with a schedule of fines and  penalties
promulgated  by  the  parking violations bureau of the city of New York;
provided, however, that the monetary penalty for violating  a  bus  lane
restriction  shall  not  exceed fifty dollars, one hundred dollars for a
second offense within a twelve-month period, one hundred  fifty  dollars
for  a  third  offense within a twelve-month period, two hundred dollars
for a fourth offense within a twelve-month period, and two hundred fifty
dollars for  each  subsequent  offense  within  a  twelve-month  period;
provided,  further,  that  an  owner  shall  be liable for an additional
penalty not to exceed twenty-five dollars for  each  violation  for  the
failure  to  respond to a notice of liability within the prescribed time
period.
  (f) An imposition of liability pursuant to this section shall  not  be
deemed  a  conviction  of  an operator and shall not be made part of the
operating record of the person upon whom such liability is imposed,  nor
shall  it  be  used  for  insurance  purposes  in the provision of motor
vehicle insurance coverage.
  (g) 1. A notice of liability shall be sent by first class mail to each
person  alleged  to  be liable as an owner for a violation of a bus lane
restriction. Personal delivery to the owner shall  not  be  required.  A
manual or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
  2.  A  notice  of  liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of  a  bus  lane
restriction,  the  registration  number  of the vehicle involved in such
violation, the location where such violation took  place  including  the
street  address  or  cross  streets,  one or more images identifying the
violation, the date and time of such violation  and  the  identification
number  of  the  bus  lane  photo device which recorded the violation or
other document locator number.
  3. The notice of liability  shall  contain  information  advising  the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain  a warning to advise the persons charged that failure to contest
in the manner  and  time  provided  shall  be  deemed  an  admission  of
liability and that a default judgment may be entered thereon.
  4.  The notice of liability shall be prepared and mailed by the agency
or agencies designated by the city of New  York,  or  any  other  entity
authorized  by  such  city  to  prepare  and  mail  such notification of
violation.
  5. Adjudication of the liability imposed upon owners by  this  section
shall be by the New York city parking violations bureau.
  (h)  If  an owner of a vehicle receives a notice of liability pursuant
to this section for any  time  period  during  which  such  vehicle  was
reported  to  the police department as having been stolen, it shall be a
valid defense to an allegation of liability for a  violation  of  a  bus
lane  restriction  that  the  vehicle had been reported to the police as
stolen prior to the  time  the  violation  occurred  and  had  not  been
recovered  by  such time. For purposes of asserting the defense provided
by this subdivision it shall be sufficient that a certified copy of  the
police  report  on the stolen vehicle be sent by first class mail to the
parking violations bureau of such city.
  (i) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of
liability  was  issued pursuant to subdivision (g) of this section shall
not be liable for the violation of  a  bus  lane  restriction,  provided
that:
  (i)  prior  to  the  violation, the lessor has filed with such parking
violations bureau in accordance  with  the  provisions  of  section  two
hundred thirty-nine of this chapter; and
  (ii)  within thirty-seven days after receiving notice from such bureau
of the date and time of a liability, together with the other information
contained in the original notice of liability,  the  lessor  submits  to
such  bureau  the  correct name and address of the lessee of the vehicle
identified in the notice of liability at the  time  of  such  violation,
together with such other additional information contained in the rental,
lease  or other contract document, as may be reasonably required by such
bureau pursuant to regulations that may be promulgated for such purpose.
  2. Failure to comply with subparagraph (ii) of paragraph one  of  this
subdivision shall render the lessor liable for the penalty prescribed in
this section.

  3.  Where  the lessor complies with the provisions of paragraph one of
this subdivision, the lessee  of  such  vehicle  on  the  date  of  such
violation  shall  be deemed to be the owner of such vehicle for purposes
of this section, shall  be  subject  to  liability  for  such  violation
pursuant  to  this  section  and  shall  be  sent  a notice of liability
pursuant to subdivision (g) of this section.
  (j) If the owner liable for a violation of a bus lane restriction  was
not  the operator of the vehicle at the time of the violation, the owner
may maintain an action for indemnification against the operator.
  (k) Nothing in this section shall be construed to limit the  liability
of an operator of a vehicle for any violation of bus lane restrictions.
  (l)  If  the city of New York adopts a bus rapid transit demonstration
program pursuant to subdivision (a) of this section it  shall  submit  a
report  on  the  results  of  the  use  of bus lane photo devices to the
governor, the temporary president of the senate and the speaker  of  the
assembly  by  April  first,  two  thousand  twelve  and  every two years
thereafter. Such report shall include, but not be limited to:
  1. a description of the locations and/or buses where  bus  lane  photo
devices were used;
  2.  the  total  number  of violations recorded on a monthly and annual
basis;
  3. the total number of notices of liability issued;
  4. the number of fines and total amount of fines paid after the  first
notice of liability;
  5.   the   number  of  violations  adjudicated  and  results  of  such
adjudications including breakdowns of dispositions made;
  6. the  total  amount  of  revenue  realized  by  such  city  and  any
participating mass transit agency;
  7. the quality of the adjudication process and its results;
  8. the total number of cameras by type of camera;
  9.  the total cost to the city and the total cost to any participating
mass transit agency; and
  10. a detailed report on the bus speeds,  reliability,  and  ridership
before  and  after implementation of the bus rapid transit demonstration
program for each bus route, including current statistics.
  (m) Any revenue from fines and penalties collected  pursuant  to  this
section  from  any  mobile  bus  lane  photo  devices, not including any
revenue shared with the city of New York pursuant to agreement shall  be
remitted  by  the city of New York to the applicable mass transit agency
on a quarterly basis to  be  deposited  in  the  general  transportation
account  of the New York city transportation assistance fund established
pursuant to section twelve hundred seventy-i of the  public  authorities
law.
  * NB Repealed September 20, 2025